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Choose the incorrect statement of the following :

  • A.The scope of Judicial Review in Canada was expanded with Canadian Charter of rights and freedom in 1982
  • B.In India Articles 131-136 of the Constitution have vested in the Supreme Court the powers of Judicial Review
  • C.In US, Judicial Review was asserted for the first time in 1803 in Marbury Vs. Medison case
  • D.In Switzerland Supreme Court is empowered to make Judicial Review of Federal Law

Answer: D

The incorrect statement is that the Swiss Supreme Court may review federal laws.

Switzerland gives the Federal Assembly the last word on federal statutes: Article 190 of the Swiss Constitution requires the Federal Supreme Court to apply federal acts even if it thinks them unconstitutional. The Court can review cantonal laws, but not federal laws.

The other statements are correct: the Canadian Charter of Rights and Freedoms (1982) greatly expanded judicial review in Canada; Indian textbooks list Articles 131-136, with 13, 32 and 226, among the bases of the Supreme Court's review powers; and in the USA judicial review was first asserted in Marbury v. Madison (1803).

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